Indian path towards TRIPS compliance

Prabuddha Ganguli

World Patent Information, 2003, vol. 25, issue 2, 143-149

Abstract: A brief summary is provided of the progress that India is making in adjusting its laws to meet the requirements of TRIPS and the World Trade Organization, e.g. in designs, trademarks, copyright, geographical indications of goods, plant varieties, farmers' rights, biodiversity, and patents. The latest amendments to the Patents Act 1970 are then described, including the harmonisation of the patent term, redefinition of patentable subject matter, matters concerning deposits of biological materials, oppositions, revocations, the working of patents, compulsory licences, and the reversal of the burden of proof in infringement of process patents. Finally the author refers to the need for some further legislation before India can become fully TRIPS compliant, e.g. primary legislation regarding product patents, data protection, competition and the protection of undisclosed information, as well as the Rules needed to fully implement some of the existing Acts.

Keywords: TRIPs; compliance; World; trade; organization; WTO; Designs; Trademarks; Copyright; Geographical; indications; of; goods; Plant; varieties; Farmers'; rights; Patents; Patentable; subject; matter; Biological; materials; Biodiversity; Data; protection; Oppositions; Revocations; Working; of; patents; Compulsory; licences (search for similar items in EconPapers)
Date: 2003
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